In this case study, we take a look at a claim for a broken little toe, while overseas. The middle-aged claimant was on holiday in Tunisia when the accident took place. He was in his room, and opened the wardrobe door to access his clothing. The door came off the hinges, and landed on his foot. This resulted in a little toe fracture.
The injury once treated, gave the claimant serious problems for several months, and pain for some 18 months. On returning home to the UK after his holiday, the victim decided to make a toe injury compensation claim. He contacted a solicitor to process the claim on his behalf. The claim was made against the hotel owner in Tunisia, stating that they had failed to provide a safe environment for their guests.
The defendant refused to admit liability. However, they did offer an out of court settlement of £4,500, which the claimant accepted.
In this case study, we will look at how the injury happened and the effect it had on the victim. We also cover how the claim was made, and also the compensation settlement itself, why it was paid and what it covered.
Statistics For Accidents And Injuries Whilst On Holiday
A surprisingly large number of UK residents are injured while overseas each year. The table above, shows which countries people are most likely to get into trouble in.
Between 2013 and 2014, over 3,000 UK residents were hospitalised while they were on holiday. On top of this, almost 4,000 UK residents were killed overseas in the same period. And of course, there were also a large number of injuries that did not require hospitalisation.
What Foot Injuries Did The Claimant Suffer On Holiday
A broken toe can be a serious and painful injury. Even a little toe injury. The average compensation for a broken toe is therefore quite high. A broken toe settlement has to take into account not just the pain and suffering of the injury, but also in some cases, loss of mobility. For example, when a person breaks one of their big toes, they will have a real problem walking until the pain dies down. This is because the big toe is used to help a person balance when they stand or walk.
Symptoms of a broken or fractured toe can include severe pain, swelling, bruising and difficulty in walking. In very bad cases, the toe may be pointing out at a strange angle due to being broken and pushed out of place.
Treatment for a broken toe is generally quite basic. Once the toe has been reset and the victim has been given pain medication, the damaged toe is strapped to the good toe next to it. In the case of multiple toes being broken, a cast might be used.
In this case, the victim was treated initially at the hotel where the accident happened. His foot was bandaged after iodine was applied. However, after this basic treatment the foot was heavily bruised and very painful.
The Holiday Accident Toe Fracture Case
On returning to the UK, the victim visited the hospital, and the injury was diagnosed as a crush related break to the little toe. For seven months after the event, the claimant had difficulty walking, bending down and kneeling. They had to miss a week off work, and they were in pain for a total of a year and a half. Additionally, they were found to have been suffering post-traumatic stress disorder, which lasted for 24 days after the accident. The victim decided to make a broken toe claim, and engaged a solicitor to pursue a broken toe insurance settlement on their behalf.
The solicitor pursued a claim for the pain and suffering of the injury, as well as the fact that the claimant had not been able to enjoy his holiday following the accident. The defendant refused to accept liability for the accident, but did offer an out of court settlement of £4,500. The claimant accepted this.
Settlement And Conclusion Of The Claim
The personal injury solicitor who was processing the claim, managed to negotiate for an out of court personal injury compensation settlement of £4,500. This compensation was paid for a number of reasons, and this included:
- The pain and suffering of the accident and the injury it caused
- The fact that the claimant had not been able to enjoy their holiday after the injury
- For the 18 months the claimant spent in paid, during the recovery period from his injury.
It is unclear whether the claimant lost out on pay by missing a week from work when they came home from Tunisia, due to the injury or not. If they had, then it is likely that the compensation settlement also contained a provision for this loss of earnings.
This is a good example of how a claim should proceed. Even though the defendant denied liability, it was obvious that it was a faulty wardrobe in their hotel which had caused the injury. Therefore, had the claim gone to court, it is highly likely that the defendant would have lost the claim anyway. Instead, they offered a fair out of court settlement of £4,500 which the claimant found acceptable.
No Win No Fee Little Toe Fractures
If you need to make a compensation claim for an injury you sustained on holiday, Accident Claims UK can help you. We offer our national No Win No Fee claims service as a simple way to process a claim, to people all across the UK. We would act as your No Win No Fee solicitors while processing a personal injury claim. This means you would have nothing to pay, unless we win compensation for you.
Understanding how this kind of Conditional Fee Agreement (CFA) works is very simple. Firstly, when you come to us and ask us to handle your claim for you, we don’t expect you to pay anything at all. Then, as we are processing your claim, we still won’t ask you to pay any of our fees, even if this stage of the claim takes months. If, for some reason, we are unable to claim any compensation for you, then we wipe the slate clean, and you walk away paying nothing. When we do win you a compensation payment though, this is when we will take our fee. It will be deducted automatically from the compensation payment we received on your behalf, and we will then pass what is left to you.
There really is no financial risk at all when you let Accident Claims UK process your claim, and there really is nothing to pay until such time as you have actually received a compensation payment. Call us on the number below, and we will explain how our claims service works, and answer any questions you may have.
Speak To The Accident Claims UK Team
Accident Claims UK is experienced in winning foot injury compensation payouts on behalf of our clients. If you believe that you have suffered an injury that could be the basis of a toe injury compensation claim, then we can help. If you would like to know how to proceed with a claim, then call us on 0800 073 8801 right now. Our team is waiting to take your call, and will explain how our claims service works, and answer any questions you might have. We will explain everything you need to know using plain and simple English, without confusing you with legalese. Once we have explained everything to you, we will talk you through our new claims process, so we can get started on your claim as soon as possible.
The National Health Services has published some detailed information about broken toe injuries, the symptoms and treatment, at this link:
The UK Government has some good information about getting assistance while you are overseas, published on the website at this link:
At the link below, you will find a detailed guide to the legal process of claiming compensation for a foot injury:
At the link below, you will find a detailed guide to the legal process of claiming compensation for an amputated toe: